John Kimble v. Dean Wither

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UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:12-cv-00110-MFU Copies to all parties and the district court/agency. [999333753]. Mailed to: Kimble. [13-2448]

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Appeal: 13-2448 Doc: 13 Filed: 04/10/2014 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 13-2448 JOHN B. KIMBLE, Plaintiff – Appellant, v. DEAN WITHERS, CEO; DARLENE SITES; F&M BANK CORP, Defendants - Appellees. Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Michael F. Urbanski, District Judge. (5:12-cv-00110-MFU) Submitted: March 27, 2014 Decided: April 10, 2014 Before NIEMEYER and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. John B. Kimble, Appellant Pro Se. David Alvin Penrod, Grant David Penrod, HOOVER PENROD PLC, Harrisonburg, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. Appeal: 13-2448 Doc: 13 Filed: 04/10/2014 Pg: 2 of 2 PER CURIAM: John adopting B. Kimble appeals the magistrate judge’s the district court’s recommendation to order dismiss Kimble’s civil action, and its order denying relief under Fed. R. Civ. P. 59(e). * reversible error. We have reviewed the record and find no Accordingly, we affirm for the reasons stated by the district court. Kimble v. Withers, No. 5:12-cv-00110-MFU (W.D. Va. Nov. 21 & Dec. 12, 2013). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED * Although Kimble did not file a separate notice of appeal from the latter order, we construe his amended informal brief as a notice of appeal from that order. See Smith v. Barry, 502 U.S. 244, 248-49 (1992). 2

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